Tribe: Quapaw Nation
§20 Violation of Protective Order
A)
B)
At no time, under any proceeding, may a person protected by a protective order be
held in violation of that protective order. Only a person against whom a protective
order has been issued may be held to have violated the order.
A violation of any protective order is a misdemeanor offense, punishable by a fine
of up to One Thousand Dollars ($1 ,000.00), imprisonment for up to one (I) year in
the county jail. or by both such fine and imprisonment; provided that, any person
who has previously been convicted of violating any protective order, shall be guilty
of a felony, punishable by a term of imprisonment for no more than three (3) years,
by a fine of not less tha,i Two Thousand Dollars ($2,000.00) nor more than Ten
Thousand Dollars ($10.000.00), or by both such fine and imprisonment: C) A violation of any protective order which causes injury or physical impairment is a
misdemeanor offense, punishable by imprisonment for twenty (20) days to one ( l)
year in prison, a fine of up to Five Thousand Dollars ($5,000.00), or by both such
fine and imprisonment; provided that, any person who has previously been
convicted of violating any protective order. shall be guilty of a felony, punishable
by a term of imprisonment ofno more than three (3) years, by a fine ofnot less than
Three Thousand Dollars ($3,000.00) nor more than Ten Thousand Dollars
($10,000.00), or by both such fine and imprisonment; 1) In determining the term of imprisonment required by this section, the jury
or sentencing judge shall consider the degree of physical injury or physical
impairment to the victim. 2) The provisions of this subsection shall not affect the applicability
of Chapter 13, Section 148 and I 53. or any other applicable sections under
the Quapaw· Nation Law and Order Code. D) In addition to any other penalty specified by this section. the Court shall require a
defendant to undergo the treatment or participate in the counseling services
necessary to bring about the cessation of domestic violence, stalking, harassment,
or an act of sexual nature against the victim. For every conviction of violation of a
protective order: 1) The Court shall specifically order as a condition of a suspended sentence or
probation that a defendant participate in counseling or undergo treatment to
bring about the cessation of domestic violence as specified in paragraph 2
of th is subsection: 2) The Court shall require the defendant to participate in counseling or undergo
treatment for domestic violence by an individual licensed practitioner or a
domestic abuse treatment program certified by the state Attorney General
or approved by the Judge. If the defendant is ordered to participate in a
domestic abuse counseling or treatment program, the order shall require the
defendant to attend the program for a minimum of fifty-two (52) weeks,
complete the program. and be evaluated before and after attendance of the
program by a program counselor or a private counselor. a) A program for anger management, couples counseling, or family
and marital counseling shall not solely qualify for the counseling or
treatment requirement for domestic abuse pursuant to this
subsection. The counseling may be ordered in addition to counseling specifically for the treatment of domestic abuse or per evaluation as
set forth below. IC after sufficient evaluation and attendance at
required counseling sessions, the domestic violence treatment
program or licensed professional determines that the defendant does
not evaluate as a perpetrator of domestic violence or does evaluate
as a perpetrator of domestic violence and should complete other
programs of treatment simultaneously or prior to domestic violence
treatment, including but not limited to programs related to the
mental health, apparent substance or alcohol abuse or inability or
refusal to manage anger, the defendant shall be ordered to complete
the counseling as per the recommendations of the domestic violence
treatment program or licensed professional. E) The Court shall set a review hearing no more than one hundred twenty (120) days
after the defendant is ordered to participate in a domestic abuse counseling program
or undergo treatment for domestic abuse to assure the attendance and compliance
of the defendant with the provisions of this subsection and the domestic abuse
counseling or treatment requirements. 1) The Court shall set a second review hearing after the completion of the
counseling or treatment to assure the attendance and compliance of the
defendant with the provisions of this subsection and the domestic abuse
counseling or treatment requirements. The Court may suspend sentencing
of the defendant until the defendant has presented proof to the Court of
enrollment in a program of treatment for domestic abuse by an individual
licensed practitioner or a domestic abuse treatment program certified by the
state Attorney General or approved by the Judge and attendance at weekly
sessions of such program. Such proof shall be presented to the Court by the
defendant no later than one hundred twenty ( 120) days after the defendant
is ordered to such counseling or treatment. At such time. the Court may
complete sentencing, beginning the period of the sentence from the date that
proof of enrollment is presented to the Court. and schedule reviews as
required by this section. The Court shall retain continuing _jurisdiction over
the defendant during the course of ordered counseling through the final
review hearing; F) The Court may set subsequent or other review hearings as the Court determines
necessary to assure the defendant attends and fully complies with the provisions of
this subsection and the domestic abuse counseling or treatment requirements; G) At any review hearing. if the defendant is not satisfactorily attending individual
counseling or a domestic abuse counseling or treatment program or is not in
compliance with any domestic abuse counseling or treatment requirements, the Cou11 may order the defendant to further or continue counseling, treatment, or other
necessary services. The Court may revoke al I or any part of a suspended sentence,
deferred sentence, or probation pursuant to Chapter 9 of the Quapaw Tribal
Criminal Procedures Code and subject the defendant to any or all remaining
portions of the original sentence: H) At the first review hearing, the Court shall require the defendant to appear in Court.
Thereafter, for any subsequent review hearings, the Court may accept a report on
the progress of the defendant from individual counseling, domestic abuse
counseling, or the treatment program. There shall be no requirement for the victim
to attend review hearings; and I) Emergency temporary. ex parte and final protective orders shall include notice of
these penalties. J) When a minor child violates the provisions of any protective order, the violation
shall be heard in a juvenile proceeding and the Court may order the child and the
parent or parents of the child to participate in family counseling services necessary
to bring about the cessation of domestic abuse against the victim and may order
community service hours to be performed in lieu of any fine or imprisonment
authorized by this section. K) The District Court and any judge thereof shall be immune from any liability or
prosecution for issuing an order that requires a defendant to: 1) Attend a treatment program for domestic abusers certified by the state
Attorney General or approved by the Judge; 2) Attend counseling or treatment services ordered as part of any final
protective order or for any violation of a protective order; and 3) Attend. complete, and be evaluated before and after attendance by a
treatment program for domestic abusers certified by the state Attorney
General or approved by the Judge.